ILR 10 Year Long Residence Route - Dependents Status

[timunpower]

Hi All,

I have a few queries in regards to ILR 10 year Long Residence route.

A little background:

September 2003 – September 2007 : Student Visa (Undergraduate)
September 2007 – January 2009 : Student Visa (Postgraduate)
January 2009 – November 2013 : Work Permit
November 2013 – Present (valid until November 2016) : Tier 2 PBS.

I have 3 dependents on my Tier 2 PBS, and their visa will be valid until November 2016.

I have since been offered another job with condition that I have permit to work. The prospective company is willing to pay the costs tied in with the permit application.

I am therefore thinking of applying through the ILR 10 year Long Residence route mainly due to the simplicity – i.e. only certain documents need to be provided, which would save me a lot of time and hassle of finding and obtaining documents/letters from past employers, council tax etc.

However, what I am not clear about is – the status of my dependents.

I am aware that my dependents will not be able to apply for settlement as my wife has not been in the UK for more than 5 years (currently about 4 years 5 months).

My two kids although born in the UK, are my dependents on Tier 2 PBS.

I would be grateful if anyone within the forum can confirm these issues:

1. Status of my dependents if I apply for my ILR 10 year Long Residence route?
2. Would my dependents visa be invalid?
3. Would I need to apply for a switch to a ‘family of a settled person’ visa for my dependents straight away?

I thank you in advance for your responses.

[geriatrix]

When did your spouse apply for entry clearance as a PBS dependant?
Has she had continuous leave since her first entry in the UK?
When did the children apply for leave as PBS dependants?

[timunpower]

Hi sushdmehta,

Thank you for your prompt response.

My wife applied for entry clearance from outside of the UK and entered the UK in May 2011.

She is on continuous leave since, having had her dependent visa changed from Work Permit dependent to Tier 2 PBS Dependent here in the UK (PSC Liverpool). The same time I changed my Work Permit to Tier 2 PBS (due to employer change) in November 2013.

My eldest son was born in the UK. However, we applied for his entry clearance from outside of the UK (December 2012). He is also on continuous leave and had his dependent visa changed from Work Permit dependent to Tier 2 PBS dependent here in the UK also in November 2013.

My youngest son was born in the UK. He applied for his entry clearance from outside of the UK in December 2014.

Hope this helps.

[geriatrix]

If you apply for settlement under the long residence route, your wife's ILR clock will be rest to 0 and will restart only when she is granted FLR(M) leave. She will then need another 5 years in the UK to be eligible for settlement.

To answer your questions:
1. Your spouse's leave will remain valid until it expires, or is curtailed, or if she travels outside the UK. UK born child does not need any leave to remain in the UK but is subject to immigration control if travelling outside UK.
2. As above.
3. The sooner your wife applies for FLR(M) leave after you are granted settlement under LR, the sooner her ILR clock will start. UK born child may register for citizenship after you are granted settlement.

[timunpower]

Thank you again for your prompt response sushdmehta. I am utterly grateful.

Am I right to believe that in this regards, it would be beneficial for my wife that I apply ILR via the 5 years continuous residence route instead of the 10 year long residence route?

I would have to spend some time gathering all the required documents and establish communication with past employer to get certain docs and confirmation (i.e. annual leave details).

However (please correct me if I am wrong) , based on my research through various forms and guidance, if I apply for ILR via the 5 years continuous residence route;

1.My wife would be able to apply settlement once she has completed her 5 years stay in the UK, in this case May 2016 (first entrance May 2011).

2.My wife’s leave will remain valid until it expires in November 2016.

3.No hurry to spend £1500 in fees to apply for ILR for my wife at the same time I decide to apply for my ILR.

4.My kids can then apply for citizenship via MN1 (Section 1(3)).

This will obviously be on top of passing life in the UK test etc.

Looking forward to your thoughts.

Thanks.

[Obie]

It may well be the case that you qualify for Settlement now , as time spend under Work Permit is counted.

I agree with my colleague that if you apply under the 10 years route, you will cause issue for your dependent.

[timunpower]

Thanks Obie,

Based on what I have read so far, I can go with the ILR 5 year continuous residence route or ILR 10 year long residence route. It looks like the 5 year route would be beneficial for my wife's application for settlement.

I suspect the answer would probably be similar to the one given by sushdmehta earlier, although the ILR route is different. However, I would be grateful if I can obtain further clarification/confirmation in regards to these issues;

1. Would her Tier 2 PBS Dependent Visa be valid once I am granted ILR i.e. would she be allowed to remain in the UK on her existing leave to remain (Tier 2 PBS Dependent Visa) (expiring November 2016) ?

2. Would she have any issue leaving and entering the UK on her existing leave to remain(Tier 2 PBS Dependent Visa) ?

3. Would I be able to apply for her settlement in May 2016 after she completed her minimum 5 years stay in the UK ? Bearing in mind that she first entered the UK in May 2011 via Work Permit Dependent Visa rather than Tier 2 PBS Visa.

I am assuming that my kids situation are rather simple - once I obtained ILR, all I need to do is apply for citizenship via MN1 Section 1(3).

Thank you in advance.

[geriatrix]

However (please correct me if I am wrong) , based on my research through various forms and guidance, if I apply for ILR via the 5 years continuous residence route;

1.My wife would be able to apply settlement once she has completed her 5 years stay in the UK, in this case May 2016 (first entrance May 2011).

2.My wife’s leave will remain valid until it expires in November 2016.

3.No hurry to spend £1500 in fees to apply for ILR for my wife at the same time I decide to apply for my ILR.

4.My kids can then apply for citizenship via MN1 (Section 1(3)).

This will obviously be on top of passing life in the UK test etc.

Looking forward to your thoughts.

Thanks.

Only one correction, regarding point 1.
Your wife comes under the "2 year" rule, because she has held continuous leave since 2011 (319E(d)(i)).

In other words, she will be eligible for settlement at the same time as you, if you choose to follow the PBS route to ILR. It is up to your wife if she wishes to apply at the same time as you or later (but before her current leave expires).

[timunpower]

Thank you sushdmehta for taking the time to clarify.

One last question -

Will my wife be allowed to go out and re enter the country (travel) on her current leave to remain (Tier 2 PBS Dependent) , when I switched from Tier 2 PBS to ILR ?

[geriatrix]

Yes (319C), if you apply for (and are granted) ILR under PBS route.

[ather_081]

Hi my situation is as follow:

I enter in UK on student visa Feb 2008. --------- My Wife and dependent child enter Nov 2008 on dependent visa

I obtained tier 2 on august 2014 and 3 years extension till sept 2020.----- My dependent got an extension with till 2020 on dependent visa. We never travel out of UK, since we arrived.

My 10 years would be completed Jan 2018 ------ My Wife and dependent 10 years completed Oct 2018

Questions:-

Is there anything in rules that my wife live with me for 5 years as a dependent, she could apply with me?

Is it ok for me, if I take ILR on long residence on jan 2018? Or, I should submit on Oct 2018 with dependents?

If I obtain ILR on feb 2018, can my dependent continue on the dependent visa so that they will apply ILR on Oct 2018?

[Samdani]

I was on on tier 1 general and I got ilr on 10 year long resident.
My Question is about my husband visa.
He got his tier 1 dependent Visa in 2011.
After my ilr he switch to FLR (m).
When he can apply his ilr.
My second Question is about my over 18 son.
My two younger children git ilr but my over 18 children visa refused two time.
Now again I applied on FLR (O).
I am divorced and have sole responsibility of my children. They came UK in 2013.
Please some senior members Help me.
I will be very thank full to you

[Casa]

I was on on tier 1 general and I got ilr on 10 year long resident.
My Question is about my husband visa.
He got his tier 1 dependent Visa in 2011.
After my ilr he switch to FLR (m).
When he can apply his ilr.
My second Question is about my over 18 son.
My two younger children git ilr but my over 18 children visa refused two time.
Now again I applied on FLR (O).
I am divorced and have sole responsibility of my children. They came UK in 2013.
Please some senior members Help me.
I will be very thank full to you

This thread is 3 years old and is inactive. Please continue in your own topic.
uk-tier-1-general-visas/got-ilr-on-10-y ... l#p1628297